Rental Property Owners in Miami

The insureds own two apartment buildings within a block of each other in Miami, Florida. Both properties, near the airport, are insured under a commercial policy. Both buildings were damaged by Hurricane Wilma on October 24, 2005. The adjuster for the carrier determined there was only $50,000 worth of damage and sent them a check for that amount.

The insureds felt they did not receive a fair and accurate offer from the carrier and subsequently engaged our services in early November 2006, more than a year after the date of loss. On November 09, 2006 a letter invoking the “appraisal clause” of the policy was sent. The carrier’s attorney dug in his heels and filed suit in open court to abate the appraisal process and hold an examination under oath (EUO) and required significant documentation and records to be produced at the examination. We believe the delay and the invocation of the EUO was part of a carefully constructed plan to intimidate and wear the insured down.
Because of the aggressive and hostile response by the attorney and the EUO, the insureds enlisted the services of an attorney. After the EUO and a long and arduous process the claim was placed back into appraisal.

The carrier finally named their appraiser and both parties agreed on a neutral umpire. After an inordinate amount of time which we attribute to a delay tactic on the part of the carrier, a final settlement hearing arrived. On March 07, 2007, approximately 8 months after engaging us and 20 months since the date of loss, an award was issued by the umpire, made effective by our countersigning it on March 08, 2007.


 


 






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